Kadına karşı ayrımcılığın önlenmesi sözleşmesinin (CEDAW) müslüman ülke kanunlarına etkileri

Abstract

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which was adopted by the UN and by most countries of the world, has influenced women's rights and led to important developments in countries party to the treaty. Most Islamic countries have put reservations on some articles of the Convention citing Islamic law practices and local culture while ratifying the Treaty, but then have removed some of these reservations by passing adaptive laws. While some of these regulations such as women's share in inheritance, their testimony, and obedience to husband have a strong connection to main religious sources, others such as reduced sentences in honor killings, women carrying their own surname, voting in elections, and female genital mutilation are based on customary and tacit law judgments. Through CEDAW, Muslim countries have faced pressure and criticism in international platforms with the allegation that their laws on person, family, inheritance, punishments, citizenship, and procedural law involve discrimination against women. With the influence of the international atmosphere, women's movements have risen in Muslim countries and through legal changes there has been developments with regard to women's rights in line with CEDAW. Even though after CEDAW there is some convergence between the Islamic World and the West in terms of women's rights and gender equality, differences based on culture continue to exist.